BELGUAGE SHAVE CO. LLC, AFFILIATE PROGRAM TERMS AND CONDITIONS
By participating in Beluga’s Affiliate internet marketing program through Refersion Inc. (the “Program”), You agree with the supplemental Program terms and conditions set forth below, established by Beluga Shave Co. LLC (“Beluga”).
In consideration of participating in the Program, You agree to the following terms:
BASIC INFO: How Much, Beginning/End Dates & When Paid
The affiliate program pays $25 per referral who uses your unique referral code to click through and purchase a Beluga Razor. This program begins on December 3rd, 2014 and goes until March 31st, 2015. Payouts will not occur until after each individual referral’s 60 day return period expires to ensure such referrals are authentic, and it is important to know that the Beluga Razor does not expect to ship at the latest until November 2015. This is a long time until being paid, thus it is important to be aware of this.
Under no circumstances shall You send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003 [the “Act”], with respect to Beluga’s Program. For clarification, this does not prohibit You from sending transactional or relationship messages as defined in the Act. Beluga reserves the right to collect, withhold, or cancel any and all compensation related to the content You send via commercial electronic mail messages.
The tools, products and creative assets (collectively, “Assets”) that are provided to You by Beluga and/or Refersion provide valuable information vital to the success of the Program, including information that helps make sure Transactions generated by You are properly attributed to You for Payout calculations. Thus, each of these Assets must be used in their intended manners as instructed by Refersion. You agree that You will not corrupt, modify or disable the tracking functionality provided to You related to the Program.
Promotion on Facebook, Twitter, and other social media platforms is permitted, following these general guidelines:
You ARE ALLOWED to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example, you may post, “$10 off sale at Beluga Shave with code COUPON10.”
You ARE PROHIBITED from posting your affiliate links on Beluga Shaves’ Facebook, Twitter, etc. company pages in an attempt to turn those links into affiliate sales.
FTC Disclosure Requirements
You shall include a disclosure statement within any and all pages/posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.
Reversal & Communication Policy
Beluga Shave reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
You are not forthcoming, you are intentionally vague, or you are found to be lying.
You are not responsive within a reasonable time period and after multiple attempts to make contact using the information listed in your network profile.
You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to suspend you from the program, reverse orders, modify affiliate payouts, set your commission to 0%, or immediately terminate your participation in our affiliate program. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.
Keywords, Pay Per Click advertising, and domain names involving Beluga’s trademark “Beluga” and variations thereof.
You shall not purchase search engine keywords or domain names that use Beluga’s trademark “Beluga” and/or certain variations and misspellings thereof.
YOU SHALL NOT PURCHASE OR REGISTER KEYWORDS, PAY PER CLICK ADVERTISING, ADWORDS, SEARCH TERMS, DOMAIN NAMES, OR OTHER IDENTIFYING TERMS THAT INCLUDE THE WORD “BELUGA” OR CERTAIN VARIATIONS AND MISSPELLINGS THEREOF FOR USE IN ANY SEARCH ENGINE, PORTAL, SPONSORED ADVERTISING SERVICE OR OTHER SEARCH OR REFERRAL SERVICE.
Specifically, this policy prohibits You from:
Bidding on Beluga’s trademark, “Beluga”, and any keyword string that includes this term. For example, “Beluga shave”, “Beluga razor”, “Beluga shaving”, “Beluga Grooming”, “Beluga coupons”, “Beluga promotions”, etc.; and
Bidding on variations of Beluga’s trademark: for example “BelugaShave”, “BelugaShave.com”, www.BelugaShave.com”, “Beluga-Shave”, “beluga shave”, www.BelugaShave”, “ww.BelugaShave.com”, “beluga-shave.com”, “www,BelugaShave.com”, “beluga.shave”, “wwwBelugaShave.com”, etc.
Purchasing domain names based on Beluga’s trademarks or variations of Beluga’s trademark.
Purchasing Pay Per Click advertising containing Beluga’s trademarks or variations of Beluga’s trademark
(Trademarked Terms: Beluga®, BelugaShave.com, A Barber Quality Shave…Minus the Barber®)
Your participating website(s) may not:
Infringe on our or any anyone else’s intellectual property, publicity, privacy, or other rights.
Violate any law, rule, or regulation.
Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography, or sexually explicit or adult-related materials.
Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
Contain software or use technology that attempts to intercept, divert, or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
Prohibition Against Solicitation for Resident Affiliates In Select States
As a condition of participation in the Beluga Shave Co. Affiliate Program, affiliate agrees that its solicitation activities on behalf of Beluga within Connecticut, Illinois, Tennessee, and New York (hereinafter “these states”) shall be limited to only providing a link on affiliate’s website to Belugas’ own website. Affiliate acknowledges that under current law in these states, further solicitation and promotional activities may render Beluga liable for collecting sales tax on all sales to customers in these states.
Therefore, as a condition of participation in the Beluga’s Affiliate Program, affiliate is prohibited from engaging in any solicitation activities in these states intended to refer potential customers to Beluga, including, but not limited to:
distributing flyers, coupons, newsletters, and other printed materials, or electronic equivalents of such materials
engaging in verbal solicitation, including in-person referrals or initiating telephone calls
sending emails intended to refer customers to Beluga
Affiliate further acknowledges that state tax laws are subject to change at any time and such changes may render affiliates in certain states ineligible for continued participation in Belugas’ Affiliate Program. Beluga reserves the right to remove any affiliate from the Beluga Affiliate Program at any time and for any reason.